Inter Press Service - June 20, 2001
Gustavo Capdevila

Representatives of 46 countries from Africa, Asia, Latin America and the Caribbean presented their demand Wednesday during a special session of the WTO Council for the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS), convened at the behest of a bloc of African nations.

The petition is a response to the deep concern expressed by public opinion worldwide "that intellectual property rights may be interpreted and implemented in a manner that runs counter to the promotion of public health policies by governments."

The TRIPS Agreement recognises the rights of states to protect themselves legally through measures such as "compulsory licensing" and "parallel imports" in their efforts to ensure supplies of medications at accessible prices during health emergencies.

Under extreme health-related circumstances, through compulsory licensing, governments can authorise the manufacture of patented medications without the consent of the patent-holder.

Another alternative is parallel imports, which consists of purchasing pharmaceuticals sold by other countries at prices lower than available locally. However, some countries do not attempt to use these measures because they fear litigation and sanctions through the WTO Dispute Settlement Body, commented European Union representative Carlo Trojan.

Brazil currently finds itself in this situation, engaged in a legal dispute within the WTO brought by the United States, which, on behalf of pharmaceutical companies based there, claims that Brazil's successful HIV/AIDS treatment programme does not comply with multilateral norms.

The WTO ministerial conference, to meet in Doha, Qatar, in November, must spell out for member states that "nothing in the TRIPS agreement should prevent (them) from taking measures to protect public health," stated Tadeus Chifamba, of Zimbabwe, speaking on behalf of the African bloc.

This group of African countries had pushed for the special session of the TRIPS Council held Wednesday because of the grave health situation of that continent in particular - largely because of HIV/AIDS -, but also the health problems facing all developing regions.

Chifamba pointed out that 11 million people die each year, mainly in developing countries, from infectious diseases that are preventable or treatable.

In some nations of Africa, " a human tragedy of horrific dimensions is now at hand," he said, as more than a quarter of the adult population tests positive for the human immuno- deficiency virus (HIV), the precursor to acquired immuno- deficiency syndrome (AIDS).

The Zimbabwean diplomat proposed an agreement that would confirm a balance in the TRIPS accord that recognises the importance of protecting patent rights, as industrialised countries and the transnational pharmaceutical corporations demand.

But at the same time, this understanding must "provide that governments may adopt all appropriate measures to protect the health and lives of their people," asserted Chifamba.

The debate on intellectual property rights and their impact on poor nations' access to medications will continue at the TRIPS Council on Friday. At that time, the president of the Council, ambassador Boniface Chidyausiku, also of Zimbabwe, will present a summary of the results of the discussion and of the decisions taken.

The discussions could extend to September, when the TRIPS Council is slated to hold its next formal meeting.
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